AB1825 orders employers with at least 50 employees to undergo two hours of sexual harassment training to supervisory employees. It was amended by AB2053 to provide additional abusive conduct training to the modules. Furthermore such trainings are to be required from employees every after two years.
Accordingly, it is important to differentiate how the California law applies as against the case laws promulgated by the NLRB on cases involving abusive conduct and violation of employer policies.
In building a civil workplace, the amendment have included information and familiarization with the existing federal and state laws concerning abusive conduct at work, as well as the available remedies to be considered by the offended parties. Also included in the amendment is the standard that AB1825 training require professional trainers and educators in the field of harassment, discrimination, and retaliation must conduct such AB1825 compliant training.
It is to be noted that offended parties cannot assert non-compliance to AB1825 as sufficient ground to file a complaint for violation under the FEHA. Nevertheless, compliance may not be raised as defense of an employer to sexual harassment claims. And for a more civil workplace, non-compliance with AB1825’s standards could penalize an employer.
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